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calling doma constitutional. >> it's not their rule to decide what's constitutional. doma was a law passed by the house and senate and signed into law by president clinton. and in our system of government, the administration doesn't get to decide what's constitutional. the supreme court does. >> and it will. starting tuesday. a constitutional law expert, nyu, and the president of founder of freedom and the right leaning heritage foundation. thank you to all of you for being here. folks who haven't followed this case as closely, how did we get here and why of these two cases being heard so close together? >> beginning with the second question, serendipity they're being heard together. winded they're way up through separate passes of the country to converge at the supreme court. the first case, perry case heard tuesday is a prop 8 case a state restriction on same-sex marriage. whereas the case herd wednesday, the defense of marriage act, whether or not federal benefits vts to be afforded to the same as couples married in their home states. >> the pew research poll showing support for same-se
a challenge to the defense of marriage act, or doma. that federal law defines marriage as being one man and one woman. edith windsor of new york is a plaintiff in the doma case. she fought back when she received an inheritance tax bill for $363,000 when her partner of 42 years died in 2009. here's what she told you in an earlier interview. >> new york state accepted my marriage as a marriage. and i believe and the justice department and the president agreed with me that the law doma is unconstitutional. doma is cruel. it discriminates against us for absolutely no value to the country. and we'd like to see that defeated all together. >> joe johns is in washington with more on what's ahead this week. morning, joe. >> morning. these are two of the most important cases of the year for the supreme court. the case involving edith windsor is actually the second case scheduled to be heard this week on wednesday. that challenge to the federal defense of marriage act. this is the law passed by congress and signed by the pld in 1996 that takes away benefits of marriage of same-sex couples on the f
clinton, who signed that into law say that d.o.m.a. should be overturned and senator rob portman is citing his familiarity with this issue, his son is gay. how do you think this is going to play out in the 2014 midterms and then subsequently 2016 general election? >> well, alex, we've seen a clear shift in public opinion on this issue over the last ten years. it's been quite dramatic. all sorts of polls now, including the reuter's poll last week shows that the public supports gay marriage even civil unions. even in the south, the majority supports gay marriage or civil unions together. democrats are united on this issue. they say it's a big winner, especially among younger voters, and there's a real sort of active debate within the republican party about how to play this. there's a lot of people saying we've got to stop emphasizing these social issues because they are not working in our favor. however, if you're going to have a divisive 2016 primary, rick santorum is going to want to talk about that and that could really hurt them. >> do you think that will be the case in 2016? if you look
support for gay marriage. come out for d.o.m.a., which he passed. they have sort of come to the light, if you will. republicans i think need to also have a, they need to go to authenticity school or wherever it is that you learn how to do this sort of stuff if they're going to move the party forward on this. >> the fact that they've called this the growth and opportunity project, i think says it all this is about, i know that this is is a strategy document for trying to win more votes. but why not call it something like, what we can do for middle class america. i mean, why not make this about the policies of the republican party that are going to help people, rather than how we can get more votes. i mean that for me said it all. and at the same time that this comes out, you have the republican congressman from tennessee suggesting we should have random drug testing of welfare recipients. there you have the exact opposite message coming out from a republican again, about how they view basically poor people. >> and unfortunately, we didn't have time to discuss this, this piece of strate
that while republicans may grouse about d.o.m.a. and prop 8, the best thing that could happen if the supreme court strikes down both, he writes a supreme court decision imposing gay marriage nationwide will give republicans a useful scapegoat to impotently shake their fists at, they will say they wish they could continue their fight against gay marriage but the activists on the supreme court have made it impossible and gradually, everyone who cares about stopping gay marriage will grow old and die. >> i think he probably is right about that, good analysis. better for them if the issue is somehow taken off the table. the thing they most hate is when the supreme court preempts legislation at the state and federal level. i mean it's interesting a dynamic now, the issue is moving faster than anybody could have ever anticipated. and republicans in this case thought it was going to be a political advantage for them has quickly turned into a liability. the question of at what point a politician gets patted on the head for being courageous and at what time they deserve a little slap for being late t
and the bipartisan legal counsel to continue this fight, $3 million of taxpayer money to oppose doma? >> well, look, this is a position of our party. but, you know, our point in the report, luke, is that, you know, when i was asked at the national press club i think one of the reporters asked me and he said are you still going to fund, you know, rob portman? my response is, of course we're going to help rob portman. he's a good conservative republican. my appointment, luke, i'm not going to get into this sort of back and forth with leadership, but what i will tell you is i think our party needs to have the attitude that if i disagree with you on one issue, it doesn't mean that you're a lousy republican. it means that you're a good republican. it means we agree on most issues and we need to unite our party. we can't build our party if we're going to cut out certain pieces and certain parts that we may not agree on 100% on but we have to grow. so we have to grow through additional -- >> mr. chairman, you're a relatively young man, 41 years old. do you think the republican party -- >> i'm pretty young
act. doma making news after former president bill clinton publicly urged the nine justices to overturn the rule he signed into law. now his wife, hillary clinton, is expressing her support for same-sex marriage. >> lbgt americans are our colleagues, our teachers, our soldiers, our friends, our loved ones. and they are full and equal citizens and deserve the rights of citizenship. that includes marriage. >> the clintons are joining prominent politicians on both sides of the aisle, including ohio senator rob portman, a republican who is publicly backing same-sex marriage. but will that political pressure have any impact on the nation's highest court? joining me now is cnn senior legal analyst, jeffrey toobin, and the executive director and founder of go proud, jimmy dealva. thank you both for being with us this morning. >> good morning. >> jimmy, there's a new poll in "the washington post" that shows a surprising 58% of americans support same-sex marriage. that is a sea change from just a few years ago. to what do you attribute that rise? >> i think that all americans are thinking about
prediction about what you think, van, will happen next week with the u.s. supreme court? >> i think that doma will be struck down, and i think kennedy is the decisive player. i think will is right, you won't see a big case, it's legal everywhere, it's done. i would love to see that, but i don't think they will do that. i think it's a narrow decision. >> it will affect two or three states. >> okay. thank you to both of you. van jones and will cain. >> you bet. >>> mystery caper. the case of nancy grace's missing cuff necklace. the prime suspect may be anderson cooper. at od, whatever business you're in, that's the business we're in with premium service like one of the best on-time delivery records and a low claims ratio, we do whatever it takes to make your business our business. od. helping the world keep promises. let's see what you got. rv -- covered. why would you pay for a hotel? i never do. motorcycles -- check. atv. i ride those. do you? no. boat. house. hello, dear. hello. hello. oh! check it -- [ loud r&b on car radio ] i'm going on break! the more you bundle, the more you save. now,
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